Procedure Manuals
Details

The Legal and Compliance Services Division of the University System will perform audit testing analysis and compare the duties contained in the position description performed by employees in randomly selected positions against University System class specifications.  In conjunction with that review, the criteria listed in section 3.2(b) of the Exemption Procedures Manual will also be considered when making a determination of the correct designation for a selected position. 

This process is completed through the standard audit conducted by the Legal and Compliance Services Division of the University System, as outlined in the University System's Audit Charter.  Results are determined and findings are released in accordance with standard audit practices. 

Consistent with the Audit Charter, outcomes from the most recent audit conducted at each employer will be used to determine the scope of any subsequent audit(s).  If circumstances warrant, and in consultation with the Merit Board, the position audit review may be expanded across multiple audit timeframes.

1. Final Outcome – The University System and the employer will engage in an interactive process to work through any disputed positions and will attempt to agree on a resolution prior to the final audit report being issued by the University System.  Nothing in an employment contract can prohibit the conversion of a position/employee based on the below detailed remedy and process. 
2. Parties in Agreement – If the University System and the employer are in agreement that a position was improperly exempted, the employer will have the choice to convert the position/incumbent to the appropriate civil service classification:
   1. Immediately upon agreement with the employee, or
   2. When the current contract ends, which includes any institutional notice of non-reappointment period, or
   3. By the end of the fiscal or academic year or similar timeframe, or
   4. If the position becomes vacant.
   
   NOTE: A position/incumbent must be converted within a maximum of 16 months from the University System's decision that the position should be designated as civil service.
3. Parties not in Agreement – If the University System and the employer do not agree that a position was improperly exempted by the employer, the employer has the right to appeal the decision to the Merit Board.  If a request for appeal is not filed within 30 calendar days of the University System's decision, the University System's decision shall be the Final Decision of the Merit Board.
4. Employer Appeal Process to the Merit Board – The employer may seek a review of any University System decision.  The employer must file a written request, along with a position statement and any written documentation in support thereof, with the Secretary for the Merit Board for a Merit Board Review of the University System decision within 30 calendar days from the date of the decision.  The request must be received by the Secretary for the Merit Board at least 30 calendar days prior to the next scheduled meeting of the Merit Board for it to be included on the agenda for that meeting.  If not so received, it will be placed on the agenda for the next scheduled meeting of the Merit Board.  The burden of proof shall be on the employer. The Merit Board shall examine the record and uphold or reverse such decision, or order further review, as it may deem necessary or desirable.  If appealed, the Final Decision and Order of the Merit Board shall be certified by the Secretary for the Merit Board to the parties of record.
5. Position Maintenance Standards – As a means of helping ensure the maintenance of position changes, the University System employers shall establish and implement a cyclic review program wherein position descriptions for all exempt positions are reviewed by the employer for currency of job content and title no less often than once every three years. Exemption status changes discovered as a result of this review shall promptly be corrected and reported to the University System. Upon review by the employer if a position(s) meets the criteria of civil service employment, the employer will have the choice to convert the position/incumbent to the appropriate civil service classification:
   1. Immediately upon agreement with the employee, or
   2. When the current contract ends, which includes any institutional notice of non-reappointment period, or
   3. By the end of the fiscal or academic year or similar timeframe, or
   4. If the position becomes vacant.
   
   NOTE: A position/incumbent must be converted within a maximum of 16 months from the University System's decision that the position should be designated as civil service.